1. (a) The respondent may contest a notice of adverse determination for any violation specified in section 1310 and may request an informal hearing by written correspondence to the California Department of Food and Agriculture, Legal Office of Hearings and Appeals, 1220 “N” Street, Suite 315, Sacramento, California 95814.
2. (b) The respondent shall submit a request for an informal hearing to the Department's Legal Office of Hearings and Appeals in writing within 30 days from the date of receipt of the notice of adverse determination.
3. (c) Any request for an informal hearing shall include a copy of the notice of adverse determination and may state the grounds for the appeal.
4. (d) Any objection to the Department's selection of the informal hearing procedure shall be made in writing to the Legal Office of Hearings and Appeals and shall be resolved by the Hearing Officer prior to the hearing pursuant to Government Code section 11445.30.
5. (e) Failure to submit a timely request for a hearing constitutes a waiver of the respondent's right to contest the notice of an adverse determination. Untimely requests for a hearing shall be denied by the Department absent good cause.

Note: Authority cited: Section 407, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Sections 11445.10, 11445.20 and 11445.30, Government Code.

History

1. New section filed 5-5-2003 as an emergency; operative 5-5-2003 (Register 2003, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-2003 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 5-5-2003 order transmitted to OAL 7-16-2003 and filed 8-26-2003 (Register 2003, No. 35).

3. Change without regulatory effect amending subsection (a) filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14).

4. Change without regulatory effect amending subsections (a)-(b) filed 12-1-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 49).

5. Amendment of section and Note filed 11-20-2020; operative 1-1-2021 (Register 2020, No. 47). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.